Posts Tagged ‘Diversion program’

Clark County Prosecutor Sets Up Diversion Program

January 25th, 2012

Last week the Clark County Prosecutor’s Office sent out a letter detailing a new diversion program.  The announced “goal of the program is to promote the efficiency within the Clark County Common Pleas Court while allowing lower level felony offenders an opportunity to avoid the handicap of a life altering felony conviction.”  The new diversion program is modeled on established programs in Franklin and Montgomery Counties.  The letter indicates that approximately 50 people a year will be permitted to take advantage of the diversion program.  The program coordinator is Sandee Selner and the Assistant Prosecuting Attorney Greg Morris has been slated as the person who will screen and select appropriate candidates.  You can find out more about the diversion program by contacting Greg Morris at (937)521-1778.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI.”

Underage Consumption in Ohio

November 1st, 2011
Power-control theory of gender and delinquency

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio.  The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine.  Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs.  Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.

If you are under 21 years old, drinking alcohol is illegal in the State of Ohio.  Ohio Revised Code 4301.69(E)(1) provides that “No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place.”

The same section provides for three recognized exceptions to the law, they are set forth below:

  1. If the person is in the “presence of their parent, legal guardian or spouse who is over 21 years old;”
  2. If the alcohol is consumed as part of a recognized religious service; and
  3. If the alcohol is prescribed for medical treatment.

Section 4301.69(E)(2), sets forth a diversion program for underage offenders.  It states, “[i]f the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child’s record in the case sealed under sections 2151.356 to 2151.358 of the Revised Code. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.”  A child is ineligible for diversion if he or she has previously been diverted.

O.R.C 4301.69(A)-(C) also contain harsh penalties for furnishing alcohol to minors or providing them accommodations in which the “owner or occupant” allows a person to remain while the person is possessing or consuming alcohol.  Many times police will target the owner of a home, apartment or dorm room wherein minors are drinking.

If you are under 18 at the time of your arrest, your case will be prosecuted in the Juvenile Court.  Person under 21, but older than 18 will have their cases heard in the Municipal Court.  Often, resolving the matter in court is not the end of the process.  Most university students face a disciplinary hearing before a university review board or student government panel.  At Brown, Rowland, Babb & Campbell, we know how to help you in court and how to help you stay in school.  Call us toll-free at 1-888-769-5263 for immediate assistance.

 

For a link to the full text of O.R.C. 4301.69, please click.